Transportation Law Commons^™

Summary Of Nevada Department Of Transportation V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 41 (June 25, 2015), Jessica Gandy

Nevada Supreme Court Summaries

The Court determined, pursuant to the U.S. Constitution, as well as the Nevada Constitution, there was no taking of Ad America’s property because the Nevada Department of Transportation publicly disclosed its plan to comply with federal law, the City independently acquired property that was part of Project Neon, and the City rendered land use application decisions conditioned on coordination with the Nevada Department of Transportation for purposes of Project Neon.

Coming To A Car Dealership Near You: Standardizing Event Data Recorder Technology Use In Automobiles, Kara Ryan

Chicago-Kent Law Review

Event Data Recorders are receiving more attention as owners of automobiles have begun to realize that their driving histories are recorded. Event Data Recorders are the “black boxes” in automobiles that are installed in the vast majority of vehicles currently on the road. In the majority of states, the restrictions on what information can be retrieved from Event Data Recorders and used by police officers, advertising firms, and insurance companies remains a gray area. State laws governing Event Data Recorder technology greatly fluctuates by jurisdiction. If Event Data Recorder information falls into the wrong hands, the possession of the data …

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Whiplash: Who's To Blame?, Valerie P. Hans, Juliet Dee

Valerie P. Hans

Tom is sitting in his car at an intersection, waiting for the red light to change. Without warning, the car behind him, driven by a distracted mother named Elaine, slams into the rear of Tom's car. After the accident, Tom experiences severe neck pain, which interferes with his work and family life. Who's to blame? If Tom suffered physical injury as a result, then under current legal principles she is responsible for compensating him for his injury. However, research on jury decision making in civil cases suggests that a constellation of psychological, legal and political factors operate together to focus …

Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino

Valerie P. Hans

No abstract provided.

Whistleblower Protections Of The Federal Rail Safety Act: An Overview, Christopher W. Bowman

Journal of Law and Practice

No abstract provided.

Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf

Pace Law Review

Motor-vehicle-related deaths consistently topped the accidental death count in the United States for decades. In 2009, for the first time, drug poisoning took over as the number one accidental killer. In 1980, approximately 6,100 people died from drug overdose. In the past ten years, the drug overdose rate for males and females, regardless of race, ethnicity and age, increased. In 2000, 4.1 per 100,000 people died from unintentional drug overdose; in 2010, that number rose to 9.7 per 100,000. The drug overdose epidemic, now the leading cause of unintentional death in the United States, warrants national attention.

To reduce the …

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara

Martha Matsuoka

As ports and goods movement activity expands throughout the United States, a major challenge is how to make the adverse impacts of freight transportation a more central part of economic development, policy and planning discussions and transportation decision making. In 2009, faculty and staff from the Urban & Environmental Policy Institute of Occidental College and from the environmental health sciences and regional equity programs of the University of Southern California (USC) began a study of this evolving global trade and freight transportation system, focusing on areas in the United States where the system is expanding and where community, labor and …

International Trade - Canada-United States - Motor Carriers - Reciprocity, Bernard Snell

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: Foundations Of Aviation Law, Ian Mcandrew

International Journal of Aviation, Aeronautics, and Aerospace

This review provides insight on the content and a review of the quality of the recent release of Foundations of Aviation Law from Ashgate Publications.

This review does not reflect the views of IJAAA or ERAU. This work was not peer reviewed.

How Suburbia Happened In Toronto, Michael Lewyn

Michael E Lewyn

No abstract provided.

United States - Mexican Relations - 1981 Convention For Recovery And Return Of Stolen Vehicles And Aircraft - Agreement Replaces 1936 Convention And Clarifies Process For Recovery Of Stolen Vehicles, J. Kennard Neal

Georgia Journal of International & Comparative Law

No abstract provided.

Locomotives V. Local Motives: The Coming Conflict, Statutory Void, And Legal Uncertainties Riding With Reactivated Rails-To-Trails White River Environmental Law Writing Competition Winner, Matthew J. Mcgowan

Student Scholarship

Study after study projects that the United States economy will come to rely more and more on freight rail in the twenty-first century. Few would have predicted the industry's reemergence 30 years ago when Congress, alarmed at the mass exodus from railroad and the resulting anemic rail infrastructure due to abandonment, began passing laws that culminated in 1983 with a rail-banking amendment to the National Trail System Act of 1976. The new statute streamlined the transfer of these rail corridors to private groups for safekeeping in the event railroads once again needed to reactivate the corridors. Since then, parks departments, …

Multimodal Transportation Under The Rotterdam Rules: Legal Implications For European Carriage Of Goods And The Quest For Uniformity, Olena Bokareva

Olena Bokareva

The increase in intercontinental trade and the modernization of transport infrastructure has transformed the traditional patterns of carriage of goods globally. The transportation by land precedes and follows the sea carriage. These developments led to the growing use of multimodal transportation, which simplifies the door-to-door delivery of goods by different modes of transport under a single contract. The existing transport conventions deal with one specific mode of transport, such as sea, rail, air and inland waterways, while an international mandatory convention related to multimodal transportation is lacking. The previous attempts to create an international legal instrument to govern this type …

Don’T Text A Driver: Civil Liability Of Remote Third-Party Texters After Kubert V. Best, Emily K. Strider

William & Mary Law Review

No abstract provided.

Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard

William & Mary Environmental Law and Policy Review

Sea level rise, extreme weather events, and other problems caused or exacerbated by a changing climate present the most serious long-term threats to transportation worldwide. Recent disasters have carried a hefty price tag, and forecasts call for more frequent and more costly damage to infrastructure and disruptions of services that are central to trade, jobs, food access, national security, health, and personal mobility. It is essential to reduce greenhouse gas pollution to lessen future damage to transportation; however, even if emissions are cut drastically at this point, the impacts of a changing climate will continue for decades. As a result, …

An App For That: Local Governments And The Rise Of The Sharing Economy, Andrew T. Bond

Notre Dame Law Review Reflection

The revolution of the Internet in the late 1990s brought consumers together in unique and unprecedented ways. The evolution of the sharing economy in the early twenty-first century builds upon the Internet’s revolution by connecting consumers and unused resources in a readily accessible and efficient manner.

At the same time, the sharing economy puts new pressures on local governments in choosing how to respond to this evolution. One method of evaluating local government responses is through a paradigmatic example. In this Essay, that case study is Uber: a novel and unabashedly antagonistic transportation service that offers on-demand taxi access through …

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory signals with …